Andhra Pradesh
Compulsory Gratuity Insurance Rules, 2011
[4
March 2011]
Published vide Notification No. G.O.Ms. No. 11,
dated 4.3.2011
G.O.Ms. No. 11. - In exercise of the powers
conferred by sub-section (1) of Section 15 read with Section 4A of the Payment
of Gratuity Act, 1972 (Act No.39 of 1972), the Government of Andhra Pradesh
hereby make the following Rules:
Rule - 1. Short title and Commencement.?
(i)
These rules may be called the Andhra Pradesh Compulsory Gratuity
Insurance Rules, 2011.
(ii)
They shall come into force at once.
Rule - 2. Obtaining Insurance for payment of Gratuity.?
Every employer other than an employer of an
establishment belonging to, or under the control of, the Central Government or
a State Government, shall subject to provisions of sub section (2) under
section 4A of the Act, obtain an insurance in the manner prescribed under
sub-section (4) of section 4A of the Act for his liability for payment towards
the gratuity under this Act, from the Life Insurance Corporation of India or
any other Insurance Company incorporated under the Company's Act, 1950.
Rule - 3. Recovery of the amount of Gratuity.?
(i)
The Controlling Authority appointed under section 3 of the Act is
authorized to recover the amount of the Gratuity payable to an employee, as
decided by the employer under sub-section (2) of section 7 of the Act or in
case of a dispute, as decided by the Controlling Authority under subsection (4)
of section 7 of the Act, from the Life Insurance Corporation of India or any
other Insurance Company with whom an Insurance has been taken under sub-section
(1) of section 4A of the Act or as the case may be, the Board of Trustees of
the "Approved Gratuity Fund" constituted in accordance with
sub-section (5) of section 2 of the Income Tax Act, 1961 and
(ii)
Such board
of trustees should include equal number of representatives of the employer and
the employees of the establishments.
Rule - 4. Registration of the establishment.?
(i)
Every employer of an establishment covered by the Act shall get his
establishment registered with the Controlling Authority of the area in Form-I,
within 30 days from the notification of the compulsory insurance provided under
section 4A of the Act, along with details of employees of the establishment, to
be furnished in Form-III:
(ii)
Every
employer shall furnish the details of the employees insured, to the controlling
authority in Form-III at the time of registration of the establishment with the
controlling authority and thereafter whenever there is a change in the employees
insured.
Rule - 5. Continuing approved Gratuity Fund.?
Every employer of an establishment covered under
the Act, who had already established an Approved Gratuity Fund in respect of
his employees and who desires to continue such arrangement, and every employer
employing 500 or more persons who establishes an Approved Gratuity Fund in
accordance with sub-section (5) of section 2 of the Income Tax Act, 1961 may
opt to continue / adopt such arrangement by submitting an option in Form-II,
provided such existing Approved Gratuity Fund covers the entire liability of
all the employees of the establishment, under the Act.
Form - I
(Refer Section 4A (3) of the Payment
of Gratuity Act, 1972 read with rule 4(i) of the A.P. compulsory Gratuity
Insurance Rules, 2011)
Application for Registration of an
Establishment with the Controlling Authority
1.
Name of the
Establishment
2.
Address of
the establishment
3.
Name of the
employer
4.
Address of
the employer
5.
No. of
employees insured
6.
Details of
the Insurance Company
(a)
No. of
Insurance Policy
(b)
Date of
commencement of insurance policy
(c)
Terms of
Insurance policy (copy of the insurance policy to be enclosed
(d)
Details of
employees insured details of employees shall be furnished in Form-III
7.
If the
employer had already established an Approved Gratuity Fund before notification
of the rules, details of board of trustees of the gratuity fund may be
furnished:
(a)
Date of
constitution of the board of Trustees
(b)
Names and
addresses of the Board of Trustees
|
Station:
Date:
|
Signature
of the Employer
Name:
Designation & Address
|
FORM - II
Option To Continue Under The Existing
Insurance
(Section 4A (2) read with rule 5 of
the A.P. compulsory Gratuity Insurance Rules, 2011)
In hereby opt to continue the existing insurance
scheme in lieu of the compulsory insurance notified under section 4A(1) of the
Act. The details of existing Insurance Scheme are -
(a)
No. of
Insurance Policy :
(b)
Date of
commencement of Insurance Policy :
(c)
Terms and
conditions of Insurance policy (copy of the insurance policy to be enclosed) :
(d)
No. of
employees covered (details of employees to be furnished in Form-III) :
(e)
Details of
registration of the trust :
(f)
Date of
constitution of Trust :
(g)
Names and
addresses of the trustees. :
|
Station:
Date:
|
Signature
of the Employer
Name:
Designation & Address
|
Form - III
Details of Employees of The
Establishment Covered Under The Compulsory Insurance
(section 4A read with rule 4 (ii) of
the A.P. Compulsory Gratuity Insurance Rules, 2011)
1.
Name of the
Employee :
2.
Name of
Father/Husband :
3.
Designation/Category
:
4.
Date of
Joining/appointment :
5.
Wages of the
employee :
6.
Date of
Admission to Compulsory Insurance :
7.
Date of
retirement :
|
Station:
Date:
|
Signature
of the Employer
Name:
Designation & Address
|